The costs of appeal are assessed against the Defendants.

1. Whether title trust on the land between the registered titleholders, such as a clan and a clan member, is recognized shall be determined depending on whether a clan with a substance and organization exists at the time of registration of the land in the future, and whether such land has been proved to have been title trust to the registered titleholders as the ownership of the clans.

However, if there is no document to directly prove whether a title trust agreement exists between a clan and a registered titleholder, not only is it proved by direct evidence, but also there is sufficient evidence to deem that the land is owned by a clan, the land is deemed to be a title trust in the future of the registered titleholder, as the ownership of the clan.

Whether title trust is recognized shall be determined by comprehensively taking into account various circumstances, such as the relationship between the registered titleholder and the clan, the relationship between several registered titleholders, the circumstances surrounding registration in the future of the registered titleholders, the circumstances surrounding the establishment of the clan graves centering around the Si, the status of the graves, the number of graves and the memorials, the scale and management status of the land, the relationship between the receipt and disbursement of profits from the land, the payment relationship of taxes and public charges, the registration certificate

(대법원 2000. 7. 6. 선고 99다11397 판결 등 참조). 원심은 M종회(이하 ‘이 사건 종중’이라 한다)가 K을 시조로 하는 P씨 중 33세손 L을 공동선조로 하는 후손 모두를 구성원으로 하는 종중으로서, 일제 강점기 무렵부터 묘사(墓祀)를 지내고 대표자를 선출하며 회의를 개최하는 등 여러 활동을 한 점을 들어 이 사건 부동산이 사정될 무렵부터 어느 정도 유기적 조직을 가진 단체로서 존재하였다고 인정하였다.

Furthermore, the lower court is registered with the title holder who acquired ownership in the old forest register.